Should the lease state the square footage leased or occupied in the premises?
There are no laws requiring utilization of building area measurement standards or inclusion of square footage in the lease. Some landlords prefer to omit reference in the lease to square footage, employing aggregate rental for space, or using disclaimer clauses. Some landlords cite square footage figures but use deemed as language in an effort to legislate the rentable area for the purposes of the lease. Others, recognizing that the amount of measured floor area is central to the concept of leasing space at rent rates expressed in monetary units per square foot (or square meter), cite a standard and a rentable area for the premises. Practices and opinions vary on this issue, and there is no clearly right answer for all situations. Consultation with an attorney with expertise in this area is advised.
